[Amended 3-28-1988 by L.L. No. 2-1988]
The general administration and enforcement of
this chapter shall be divided among the Code Enforcement Officer,
Board of Appeals and Planning Board, who may adopt regulations to
govern their procedures, including administrative forms and filing
fees, with the approval of the Village Board of Trustees.
[Amended 3-28-1988 by L.L. No. 2-1988]
A.
The Codes Enforcement Officer shall be responsible
for the issuance of certification that all development complies with
the provisions of this chapter, including the terms and conditions
of any special authorization. No development shall take place within
the Village unless such certification has been issued. The form of
certification shall read as follows: "The plans for the development
of the subject property are in compliance with the Code of the Village
of Fayetteville and with the terms and conditions of any special authorization
issued pursuant to such Code."
B.
This certification shall be endorsed upon all permits
required to be issued.
C.
The Codes Enforcement Officer is authorized to provide an interpretation of any of the provisions of this chapter, including by way of illustration and not limitation the precise location of the district boundary lines and the meaning of any term or provision of this chapter. Where there is disagreement with such determination, an application may be filed by either the Code Enforcement Officer or any other interested party with the Zoning Board of Appeals, as provided in § 187-37 of this article, requesting a review of the Code Enforcement Officer's determination. In addition, if it is claimed that any proposed development of property is exempt from the provisions of this article because of any applicable local, county, state or federal law, an application shall be filed with the Code Enforcement Officer requesting a statement that there is such an exemption.
[Amended 2-23-1987 by L.L. No. 1-1987; 3-28-1988 by L.L. No. 2-1988; 2-9-1998 by L.L. No. 1-1998]
The Zoning Board of Appeals shall consist of
five regular members, who shall each be appointed to five year terms
by the Mayor, subject to the approval of the Board of Trustees. Of
such members, the Mayor shall appoint one as Chairman and one as Deputy
Chairman, subject to the approval of the Board of Trustees. The Zoning
Board of Appeals shall have the power to adopt rules for its procedure
in government, not inconsistent with law or this chapter, subject
to the approval of the Village Board of Trustees.
A.
Powers and duties. The Zoning Board of Appeals shall
have all the powers and duties prescribed by law and by this chapter,
which are more particularly prescribed as follows:
(1)
Interpretation. The Zoning Board of Appeals is hereby
authorized, upon appeal, to hear and decide:
(a)
Any matter where it is alleged by appellants
that an administrative official was in error in refusing to issue
a building permit as a result of misinterpretation of the meaning
or intent or application of any section or part thereof of this article
or any other Article of the Fayetteville Zoning Code where appeal
to the Board of Appeals is authorized.
(b)
Any matter where it is alleged by appellants
that an administrative official was in error in issuing a building
permit, certificate of occupancy or other permit as a result of misinterpretation
of the meaning or intent or application of any section or part thereof
of this chapter. To appeal under this subsection, a person or persons
must be jointly or severally aggrieved by the decision in question.
It is determined for purposes of this subsection that any person or
persons owning property within 300 feet of the property in question
shall be considered to be an "aggrieved person." Any other person
or persons or group of persons must, in addition to other procedural
requirements, state with particularity the specific, personal or legal
interest they have in the subject matter of the decision. Prior to
hearing such an appeal for interpretation, the Zoning Board of Appeals
must initially make a finding of fact that the applicant has demonstrated
that he or she is an "aggrieved person."
(2)
Variances. Where there are practical difficulties
or unnecessary hardships not self-imposed in the way of carrying out
the provisions of this chapter, the Zoning Board of Appeals shall
have the power, in passing upon appeals, to vary or modify the application
of any of the provisions of this chapter relating to the use, construction
or alteration of buildings or structures or the use of land so that
the spirit of this chapter shall be observed, public safety and welfare
secured and substantial justice done. In granting any variance, the
Board may prescribe any conditions that it deems to be necessary or
desirable. A variance granted by the Zoning Board of Appeals pursuant
to this section or previous to the adoption of this chapter shall
be deemed to have expired unless:
(a)
Within 12 months after the date of the resolution
granting the variance or, for variances granted prior to the adoption
of this chapter, on or before March 31, 1988, the lot or land, where
no structure is involved, shall have been put into use for the purpose
for which the resolution was granted; or
(b)
Within 12 months after the date of the resolution
granting the variance or, for previously issued variances, on or before
March 31, 1988, construction for the structure for which the variance
was granted shall have been actually begun and the entire structure
for which the variance was granted shall have been completed according
to filed plans within two years after the date of resolution or, for
previously issued variances, on or before March 31, 1989.
(3)
Procedure.
(a)
The Zoning Board of Appeals shall act in accordance
with the procedure specified by law and this chapter. All appeals
and applications to the Board shall be in writing, on forms prescribed
by the Board. Upon receipt of an application or appeal the Chairman
of the Board or the Code Enforcement Officer shall transmit to the
Planning Board a copy of said application or appeal and shall request
that the Planning Board submit to the Board of Appeals its opinion
on said application or appeal, and the Planning Board shall submit
a report of such advisory opinion. Upon failure to submit such report
the Planning Board shall be deemed to have approved the application
or appeal.
[Amended 9-13-2004 by L.L. No. 1-2004]
(b)
All appeals to the Zoning Board of Appeals must
be made within 30 days of notification of denial of an application
or of the actual granting of a building permit.
(c)
Every decision of the Zoning Board of Appeals
shall be made by resolution, certified copies of which shall be filed
with the Codes Enforcement Officer, the Village Clerk and the applicant.
B.
Associate members. In addition to its regular members, the Zoning Board of Appeals may include up to two associate members who shall be appointed to one-year terms by the Mayor, subject to the approval of the Board of Trustees. Each associate member may attend meetings, and may participate in deliberations including executive session deliberations unless excluded by vote of the regular Zoning Board members. Each associate member shall have such additional powers and voting rights as are conferred upon them by § 187-43.1.
[Amended 6-11-2001 by L.L. No. 4-2001]
[Amended 2-9-1998 by L.L. No. 1-1998]
A.
The Planning Board shall consist of five regular members,
who shall each be appointed to five year terms by the Mayor, subject
to the approval of the Board of Trustees. Of such members, the Mayor
shall appoint one as Chairman and one as Deputy Chairman, subject
to approval of the Board of Trustees. The Planning Board shall have
the power to adopt rules for its procedure in government, not inconsistent
with law or this chapter, subject to the approval of the Village Board
of Trustees.
B.
Associate members. In addition to its regular members, the Planning Board may include up to two associate members who shall be appointed to one-year terms by the Mayor, subject to the approval of the Board of Trustees. Each associate member may attend meetings, and may participate in deliberations including executive session deliberations unless excluded from such executive sessions by vote of the regular Planning Board members. Each associate member shall have such additional powers and voting rights as are conferred upon them by § 187-43.1.
[Amended 6-11-2001 by L.L. No. 4-2001]
C.
The Planning Board is authorized to receive and make
a decision on all applications for special permits and site plan approval
as required by this chapter and to review and approve applications
for subdivision in accordance with the applicable provisions of the
Village Law and any subdivision regulations adopted by the Village.[1]
The Village Board of Trustees shall be responsible
for the classification of all zoning districts and amendments to the
text of this chapter.
[Amended 3-28-1988 by L.L. No. 2-1988; 9-13-1999 by L.L. No. 4-1999; 1-23-2012 by L.L. No. 4-2012; 2-11-2013 by L.L. No. 8-2013]
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a fine or by imprisonment as set forth in Chapter 133 of this Code.
A.
Applications.
(1)
An application for a special permit shall be made
to the Planning Board and shall be accompanied by three sets of preliminary
plans and other descriptive matter to portray clearly the intentions
of the applicant. These documents shall become a part of the record.
Such plans shall show location of all buildings, parking, access and
circulation, open space, landscaping and other information necessary
to determine if the proposed special use meets the requirements of
this chapter.
(2)
The structure and uses authorized by special permit
shall conform to all of the regulations of the district in which they
are located and to any particular regulations which apply to them
under other provisions of this chapter.
(3)
No special permit use shall be approved unless the
following findings are made:
(a)
Applicable district regulations and other general
and special controls contained in this chapter are complied with.
(b)
There will be no adverse impact upon the neighborhood
environment, character or integrity of any land use within the immediate
vicinity.
(c)
The development will be in harmony with the
visual and physical environment and not in conflict with any Master
Plan or Comprehensive Plan for the Village of Fayetteville.
(d)
Adequately designed open space, drainage facilities,
landscaping and other features considered appropriate to the function
of the development shall be provided.
(e)
Traffic controls for vehicular and pedestrian
movement are designed to protect the safety of the general public
and the occupants, employees, attendants and other persons for whose
benefit the use is intended. In making this determination, the Planning
Board shall review, but need not be limited to, the following considerations:
[1]
Location and adequacy of parking and loading
facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number and design of points of ingress.
[5]
Accessibility to emergency vehicles, with particular
emphasis on proximity to structures, no-parking or -loading zones
or areas and provision for turning and free movement.
[6]
The proposed use will be provided with adequate
supporting services, such as fire and police protection, public and
private utilities and all other supporting governmental services necessary
and appropriate to the proposed use.
(4)
A public hearing shall be held by the Planning Board
with respect to all permit applications. Action by the Planning Board
shall be completed within 60 days from the closing of the public hearing.
The special permit application may be approved, conditionally approved
or disapproved. The decision will be forwarded to the Codes Enforcement
Officer with a copy to the applicant. Following approval or conditional
approval, the Codes Enforcement Officer shall issue a building permit
if required, and if the project conforms to all other applicable requirements.
[Amended 3-28-1988 by L.L. No. 3-1988; 3-22-1993 by L.L. No. 5-1993]
B.
Criteria.
(1)
In making a determination as to the compliance with
any one or more of the findings and conditions specified in this section,
consideration shall be given, but need not be limited, to the following
elements:
(a)
Geometric characteristics of all structures
and related improvements.
(b)
Aesthetic characteristics, including design,
texture, materials, colors and illumination.
(c)
Physical attributes of the site, including size,
shape, elevation, topography and natural vegetation.
(d)
The Planning Board may impose such conditions
on the approval of any application as in its opinion are necessary
and reasonable to implement the provisions of this section.
A.
Applications and requirement. All permitted uses requiring
site plan approval shall have prior site plan review before a building
permit is issued for the alteration or construction of any building
or a certificate of occupancy is granted for the conversion of any
use of the premises. The site plan and related drawings shall be submitted
by the owner to the Planning Board and shall be reviewed in accordance
with the procedures and standards set forth in regulations adopted
by the Planning Board.
B.
Site plan approval. The Planning Board's review of
a site plan shall include, but is not limited to, the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls, culs-de-sac and turnarounds.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian conveniences.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking and loading. Curbing or other more acceptable
buffer shall be provided in all business and industrial site plans.
(4)
Location, arrangement, size and design of buildings,
lighting and signs.
(5)
Relationship of the various uses to one another and
their scale.
(6)
Adequacy, type and arrangement of trees, shrubs and
other landscaping constituting a visual and/or a noise-deterring buffer
between adjacent uses and adjoining lands.
(7)
All yards shall be adequately landscaped.
(8)
The adequacy of usable open space for playgrounds
and informal recreation.
(9)
Adequacy of stormwater and sanitary waste disposal
facilities.
(10)
Adequacy of structures, roadways, gutters and
landscaping in areas with moderate-to-high susceptibility to flooding
and ponding and/or erosion.
(11)
Protection of adjacent properties against noise,
glare, unsightliness or other objectionable features.
(12)
Conformance with other specific charges of the
Village Board which may have been stated in the zoning resolution.
(13)
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 187-74 of the Village Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 187-74 of the Village Code. The approved site plan shall be consistent with the provisions of Local Law No. 6 of 2006.
[Added 12-11-2006 by L.L. No. 6-2006]
C.
Changes. An owner wishing to make changes in an approved
site plan shall submit a revised site plan to the Planning Board for
review and approval before making application for a building permit
or certificate of occupancy.
[Added 6-22-1998 by L.L. No. 5-1998][1]
A.
Fee and expense schedule. The Village Board of Trustees
shall establish by resolution and may periodically amend by resolution
a schedule of fees and expenses to be paid by each applicant or appellant
seeking a special permit, interpretation, variance, appeal or other
response, decision, approval or other action of the Village or any
of its boards, commissions or agencies pursuant to this chapter.
(1)
Expenses may be calculated to include reasonable expenses
incurred by the boards in reviewing and acting upon such applications
for administrative, consulting and/or expert assistance.
(2)
Any schedule of fees and expenses established pursuant
to this section shall not apply to any properly completed application
that is properly filed prior to adoption of such schedule by the Village
Board.
(3)
Within 10 calender days after adoption of such schedule
by the Village Board, any schedule of fees and expenses established
pursuant to this section shall:
(4)
The applicable fee or expense shall be paid to the
Village with the filing of the application or appeal to be considered.
B.
Expert assistance. Upon any application for a special
permit, site plan approval, interpretation, variance, appeal, decision,
approval or other action pursuant to this chapter, the applicant shall
be obligated to pay the reasonable costs for all consulting or expert
technical assistance, including but not limited to scientific, engineering,
or appraisal services, required by the reviewing board to properly
analyze, review and act upon such application.
(1)
The reviewing board shall obtain and provide a written
estimate for the cost of such expert assistance to the applicant.
(2)
The applicant shall deposit such estimated sum in
an account with the Village Treasurer prior to performance of such
services.
(3)
Any deficiency or surplus in such account existing
prior to the issuance of the certificate of occupancy or certificate
of completion shall be paid by or refunded to the applicant.
[Added 6-11-2001 by L.L. No. 4-2001; amended 5-27-2009 by L.L. No. 3-2009]
A.
Reference herein to a "Board" shall refer to the Zoning Board of
Appeals, the Planning Board, the Historic Preservation Commission,
the Tree Commission or the Parks Commission as the case may be. Reference
herein to "associate members" shall refer to the associate members
duly appointed to the corresponding Board.
B.
All provisions of state and local law applicable to regular Board
member training and continuing education, attendance, conflict of
interest, compensation, eligibility, vacancy in office, removal, and
service on other boards shall also apply to associate members except
as set forth herein.
D.
In the event the Board does not otherwise have a quorum at a duly
noticed or continued meeting with respect to a specific item or vote,
the acting Chairperson may, at his or her discretion, designate so
many of the associate members present at the meeting as are needed
to constitute a quorum. Such associate members shall then have the
right to vote with respect to the specific vote and shall otherwise
be vested with all the authority of a regular Board member for the
duration of discussion with respect to the matter or resolution for
which such vote is required.
E.
In the event the Board does not otherwise have a super-majority quorum
at a duly noticed or continued meeting with respect to a specific
item or vote where a super-majority vote is required, the acting Chairperson
may, at his or her discretion, designate so many of the associate
members present at the meeting as are needed to constitute a super-majority
quorum. Such associate members shall then have the right to vote with
respect to the specific vote and shall otherwise be vested with all
the authority of a regular Board member for the duration of discussion
with respect to the matter or resolution for which such vote is required.
The term "super-majority quorum" shall, for this section, mean the
number of members and associate members needed to constitute a super-majority
of the full Board of regular members.
F.
The additional powers granted by this section shall terminate upon
the commencement of the next agenda item occurring after the arrival
of an absent regular member. The timing of the arrival of an absent
regular member in relation to the commencement of an agenda item shall
be as determined in the sole discretion of the acting Chairperson.
G.
In the event only one associate member is needed to constitute a
quorum, and more than one is in attendance at the meeting, the acting
Chairperson shall have discretion to choose which associate member,
if any, shall be granted authority to act as set forth in this section.
H.
An agenda item shall not be delayed to await the arrival of a regular
member when a quorum can be achieved with one or more associate members
unless a majority of the newly constituted quorum and the applicant
concur.
I.
If a Board member is unable to vote due to a conflict of interest
or for any reason will abstain from a vote, that Board member will
not be included in determining the presence of a quorum.
